Capitola settles flooding lawsuits for $420,000

CAPITOLA -- Mayor Stephanie Harlan announced Thursday night nine settlements for about $420,000 to end lawsuits filed in connection with the Capitola Village flooding following a pipe failure in March 2011.

All of the lawsuits have been settled with the city of Capitola and the county of Santa Cruz sharing the cost evenly, she said

The city's share of the settlements are: $87,500 to California Capital Insurance Co., $75,000 to Keith and Pamela Calvert, $72,500 to American Alternative Insurance, Central Fire Protection District, $53,267 to Truck Insurance, $50,468 to Foremost Insurance, $47,500 to Village Mouse, Thomas Kinkade Gallery, $15,000 to trustees of John and Barbara Kawahara, $12,500 to David Ross, Carousel Taffy, and $6,000 to Katie Saldana.

"I'm very happy to have this behind us," Harlan said.

The money will come from the self-insurance group to which the city belongs, City Manager Jamie Goldstein said.

Councilman Dennis Norton, describing recent gun violence as horrifying, wanted to adopt a moratorium to prevent any more gun shops from opening in Capitola, which has two retailers that sell guns and no regulations requiring planning commission review for that use.

"This community is expecting us to take action," Norton said.

But a moratorium was not on the list of recommendations made by Police Chief Rudy Escalante, who had suggested exploring land use changes to prohibit or limit gun sales.

"We didn't agendize a moratorium," Councilman Michael Termini said.

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City Attorney John Barisone offered a solution.

"You can't prohibit gun sales but you can limit the number of outlets to two," he said.

The council unanimously agreed that ordinance should return in two weeks.

If the ordinance is adopted as an urgency measure, it could take effect with one reading, City Manager Jamie Goldstein said.

At Norton's request, Escalante said he would research the legality of requiring a background check to buy ammunition.

Norton also proposed to notify the public that anyone, even people who live outside the city, can turn in a gun at any time to the Capitola Police Department, and promote the requirement to lock and store guns and the fact that the police will provide gun locks at no charge.

The city council voted unanimously in favor of giving itself the final say on planned developments, in which the city "rezones" a site for a project that brings benefits to the community.

Responding to questions from Councilman Sam Storey, general plan coordinator Susan Westman explained that the current system giving final say to the planning commission was instituted after residents were upset by developments on Park Avenue.

"It was not a mistake or oversight," Westman said, adding that she prefers city consistent city policy and giving city council final say.

Storey suggested a super-majority be considered if a project denied by the planning commission is appealed to the council but rather than make that decision now, the council sent the issue for consideration during the general plan update.

Councilman Michael Termini asked that specific findings be required for a planned development so "it's not an excuse for developer to squeeze more out of a property."

Westman said she expects those requirements to be ready in the fall.

The proposal for a three-story senior living complex at 1575 38th Ave. denied by the planning commission in September would go to the planning commission once the new regulation is adopted, she added.